South Africa is confronting a brutal reality. In just three months - between July and September 2024 - 957 women were murdered. Another 1567 survived attempted murder. More than 14 000 women were assaulted with the intent to cause grievous bodily harm, and over 10 000 rapes were reported nationwide. (Source: HSRC’s First South African National Gender-Based Violence Study, released at the end of 2024.)
These aren’t abstract numbers, states Ann-Suhet Marx, director and head of litigation at VDM Incorporated. “They represent lives shattered inside homes, behind closed doors, in relationships meant to offer safety. The Human Sciences Research Council’s first National Gender Based Violence Study confirms what frontline organisations, courts and police stations have long known: domestic violence remains one of South Africa’s most pervasive and under reported human rights violations.”
Despite years of summits, task teams and public commitments, South Africa’s femicide rate remains around five times higher than the global average. A woman is killed roughly every three hours. And while some categories of violent crime have shown marginal declines, violence against women - particularly at the hands of intimate partners and family members - continues unabated.
Too many victims don’t know about the legal protections available
Marx’s experience is that the crisis persists not only because of violence itself, but because too many victims still do not know or cannot safely access the protections already available under South African law.
“Domestic violence is not a private dispute; it’s a constitutional violation, and the law provides real, immediate protection. The tragedy is that many victims only learn this after irreversible harm has already occurred.”
Abuse is not limited to marriage
One of the myths surrounding domestic violence is that it only applies to married couples, she continues, “but the Domestic Violence Act explicitly rejects this narrow framing.”
The Act extends protection to people in dating or intimate relationships, former partners, same sex couples, parents of a child, family members, caregivers, and people who share or recently shared a residence, she points out.
“Abuse, as defined by the Act, includes not only physical and sexual violence, but emotional, psychological and economic abuse, coercive control, harassment, stalking, and exposing children to violence.
“Economic abuse is one of the most powerful tools used to trap victims. When someone controls your access to money, transport, or basic necessities, leaving becomes dangerous as well as difficult.”
National data bears this out. One in four South African women reports experiencing emotional abuse. More than 13% have suffered economic abuse. Women with disabilities face significantly higher lifetime rates of physical violence than those without. Cohabiting women, particularly those who aren’t married, are at especially high risk.
Protection orders: Fast, powerful, and widely misunderstood
For Marx, one of the most effective legal tools available to victims is the protection order, and contrary to popular belief, victims don’t need a criminal conviction or even a criminal case to support their application.
An interim protection order can be granted urgently on the strength of an affidavit. Courts can prohibit an abuser from contacting or approaching the victim, remove them from a shared home, restrict access to children, prevent harassment or stalking, order the return of personal property, and - critically - grant emergency monetary relief.
Breaching a protection order is a criminal offence
People often think a protection order is a piece of paper, but in reality, it is a court order with teeth. When enforced properly, it saves lives, but misuse and misunderstanding of the system can also undermine its credibility.
Referencing the High Court matter, K.J.G v J.T.G (A85/2024), Marx says a final protection order was overturned after the magistrate failed to properly assess the credibility of the allegations. “The judgment reaffirmed that while protection orders must be interpreted generously to safeguard victims, courts are still required to scrutinise evidence carefully, particularly in high conflict separations.”
The case underscores a delicate but essential balance, she says: protect victims swiftly without allowing the system itself to be weaponised.
Emergency monetary relief
In Marx’s experience, one of the least understood and least accessed provisions of the Domestic Violence Act is emergency monetary relief. The provision allows courts to order an abuser to contribute to rent, food, medical expenses, school fees, or other essential costs.
This relief exists for a reason. Financial dependence is one of the strongest predictors of victims returning to abusive environments. If a mother has no access to money, no transport, and nowhere safe to go, legal rights mean very little in practice. Emergency monetary relief gives victims breathing room, and sometimes that breathing room is the difference between life and death.
Safety comes first
Emphasising that domestic violence doesn’t necessarily end when a relationship ends, Marx says the law recognises this. “In divorce and family law proceedings, evidence of abuse directly affects decisions around maintenance, division of assets, and child care and contact. Also, courts may award increased maintenance to victims or refuse maintenance to abusive spouses.”
And while joint estates are usually divided equally, she says that severe abuse can influence what is considered fair and equitable. When children are involved, the Children’s Act places their best interests above all else. Courts may order supervised visitation, restrict or deny contact, require psychological assessments, or implement safe handover arrangements. In matters involving domestic violence, mediation is often excluded to prevent intimidation or coercion.
Progress and persistent gaps
Between April 2023 and September 2024, SAPS (South African Police Service) Family Violence, Child Protection and Sexual Offences units arrested over 29 000 perpetrators, with hundreds receiving life sentences. More than 1100 ‘Victim Friendly Rooms’ now operate at police facilities nationwide.
Yet reporting rates remain devastatingly low. An estimated 95% of rape cases in South Africa are never reported. Fear, stigma, economic dependence and systemic delays continue to silence survivors.
Support services remain uneven, particularly in rural areas. Access to legal assistance often depends on geography, income and sheer luck.
A national crisis that demands more than words
South Africa’s leadership has repeatedly described gender based violence as a “second pandemic”, and Marx agrees. “The data confirms the scale of the crisis, but statistics alone will not stop it. Every person in a domestic relationship deserves safety, dignity and immediate legal protection. Knowing your rights is the first step. Using them, with proper legal support, is the next.”
For victims in immediate danger, help is available through the GBV Command Centre (0800 428 428) or by SMSing 31531.
Online legal applications
Victims of domestic violence can now apply for protection orders electronically, a significant change that allows them to seek legal safety without immediately appearing in court.
• Justice and Constitutional Development (DOJ&CD) has modernised its system to allow online applications for Protection Orders and Maintenance Orders. You must create a free account to access these services.
• Electronic Submission: Under current regulations, a complainant can submit a completed Form 6 (Application for Protection Order) to the clerk of the court via a dedicated email address or the official online portal.
• Downloadable Forms: Official forms like the Application for Protection Order (Form 06) and the Notice to Complainant (Form 01) are available for download on the Department of Justice website.
Digital reporting and assistance
For immediate support or to report incidents without visiting a station, several digital channels are available:
• MySAPS app: You can report cases of violence or sexual assault directly through the MySAPS app, which is available for mobile devices.
• GBV Command Centre (GBVCC):
o SMS Support: Send "HELP" to 31531 to receive assistance.
o USSD: Dial *120*7867# from any cell phone to be contacted by a social worker.
o Skype: Use the Skype line 'Helpme GBV' for members of the deaf community.
Thuthuzela Care Centres (TCCs): You can find information on the nearest TCC, which provides integrated medical, legal, and psychological support - online or via theGBV.org.za victim empowerment portal.
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